21-05-2025
Philippines: Can Duterte serve as mayor of Davao while in detention?
Former Philippine president Rodrigo Duterte has been overwhelmingly elected to serve as mayor of his hometown. But there is a big legal and moral dilemma as he is currently detained at the International Criminal Court (ICC) in The Hague over alleged crimes against humanity.
In an interview with online news magazine Davao Today, constitutionalist Tony La Viña explained 'there are three steps that Duterte must take before he can officially serve as Davao's mayor.'
First, Duterte must be proclaimed the winner of the Davao City election. This has been fulfilled. 'His presence is not required for such a proclamation,' La Viña, who is also a professor of law, noted.
Second, which is yet to be done, is the question of where can Duterte take his oath, and who will administer it?
La Viña said 'the oath taking must be done on Philippine soil.' This means, Duterte has to take an oath at the Philippine Embassy in the Netherlands and before a government official with authority. 'The official can be the ambassador or any other official – like a barangay captain from Davao or his daughter (Sara), who is vice president,' added La Viña.
Now, the question is: Will the ICC or the Marcos government allow Duterte to leave detention and do the oath-taking? La Viña noted 'the Philippine government must agree to this, and the ICC must also allow it. Practically, therefore, the answer is no. Why would President Marcos allow it? And why would the ICC permit it, establishing a negative precedent for other detainees?'
Duterte was arrested and brought to The Hague, Netherlands, on March 11 to face the ICC for allegations of crimes against humanity committed during his administration's anti-narcotics campaign.
Duterte could become the first Asian former head of state to go on trial at the ICC. Although the Philippines – under Duterte administration – officially withdrew from the international court, the ICC maintains it has jurisdiction to prosecute alleged crimes committed before Duterte withdrew the Philippines from its founding treaty in 2019. Cases include alleged killings by a "death squad" in Davao while Duterte was mayor before he became the president in 2016.
The third step for Duterte is to assume office in Davao's City Hall. La Viña told Davao Today even if Duterte succeeds in taking his oath, the third step, which is to assume office in Davao's City Hall, is impossible.
'Even if he does succeed in taking his oath, which he must do in six months after the election, he cannot assume office, as that requires physical presence in Davao City,' said La Viña, who is also a professor of law, philosophy, politics and governance in several universities in the Philippines.
La Viña asked: 'How will he sign the papers that signify that he will now assume office? That he will make decisions, like the budget? How can he do that when he is in The Hague'?
What happens then?
If Duterte will not be able to pass the second and third steps, La Viña said 'it will be the elected vice mayor, who is Duterte's son, Sebastian, who will assume the role of acting mayor. If Duterte will not be able to take his oath within six months after his proclamation, Sebastian will be declared as the mayor of Davao.
Following the order of succession in the Philippine local government, the elected city councillor with the highest number of votes in the recent election will assume the vice mayoral post. The top councillor in the election is the neophyte grandson and namesake of Duterte, Rodrigo 'Rigo' II.
